Completing the Answer Form
Counterclaim
As a part of the small claims case, you have the opportunity to sue the plaintiff back. If you think the plaintiff owes you money or that the court should order the plaintiff to take some action, you can fill out the counterclaim part of the Answer form. You will have to clearly state why you are suing the plaintiff. If you would like to sue for more than $7,500, you must file a Notice of Removal along with your answer and counterclaim at least 7 days before your first trial date. The case will be then be moved to the higher court (County if you are suing for $15,000 or less or District Court if you are suing for more than $15,000). You will need to pay the filing fee for the court to which it is moved. Read Colorado Rule of County Court Civil Procedure, Rule 508 for more information on filing a counterclaim (see below for a link to the rule).
Information for Specific Types of Cases:
- To sue the government: You will want to read Colorado Revised Statutes §§ 24-10-102 to 24-10-120 about governmental immunity and providing notice to the government prior to filing your lawsuit (see below for links to rules).
- To sue a licensed professional for malpractice: You will need to read Colorado Revised Statutes § 13-20-602 about obtaining a certificate of review (see below for a link to the rule).
- To sue for the return of a security deposit: You should read Colorado Revised Statutes §§ 38-12-101 to 38-12-103 (see below for links to rules).
- To sue for a dishonored check: You may be able to request three times the amount of the check or other penalties explained in Colorado Revised Statutes § 13-21-109 (see below for a link to the rule).
- To sue for unpaid wages: You might qualify for penalties under Colorado Revised Statutes §§ 8-4-101 to 8-4-123 and may want to contact the Colorado Department of Labor and Employment (see below for links to rules).
- To sue for repair to an automobile: You should read Colorado Revised Statutes §§ 42-9-101 to 42-9-113 (see below for links to rules).
Links to Forms
Notice, Claim & Summons to Appear for Trial (JDF 250) (Answer)
Fill out Part 2.
Motion to File without Payment and Supporting Financial Affidavit (JDF 205)
Links to Laws and Rules
Rules on Filing a Counterclaim
Colorado Rule of Civil Procedure for Small Claims Court, Rule 508.
Laws for Suing the Government
Colorado Revised Statutes §§ 24-10-102 to 24-10-120.
Laws for Suing for Return of Security Deposit
Colorado Revised Statutes §§ 38-12-101 to 38-12-103.
Law for Suing for a Dishonored Check
Colorado Revised Statutes § 13-21-109.
Laws for Suing for Unpaid Wages
Colorado Revised Statutes §§ 8-4-101 to 8-4-123.
Laws for Suing for Car Repairs
Colorado Revised Statutes §§ 42-9-101 to 42-9-113.
Law for Suing a Licensed Professional
Colorado Revised Statutes § 13-20-602.
Responding to a Small Claims Case
Need More Help?
Use our contact options to locate courts, legal services, attorneys, legal clinics, libraries and legal events in your area and around Colorado.